Timothy Bryan Liebaert’s Answers

Timothy Bryan Liebaert

Palm Springs Real Estate Attorney.

Contributor Level 10
  1. If a "victim" appears at a pre-trial hearing where the D.A. agreed to dismiss the case and objects, will this sway the D.A. ?

    Answered over 2 years ago.

    1. Matthew Murillo
    2. James Lawrence Knox
    3. Timothy Bryan Liebaert
    4. Jeffrey Tyson Hammerschmidt
    4 lawyer answers

    The idea of a victim "pressing charges," is a misnomer. In a criminal case, the plaintiff is the People of State___________; the plaintiff is not the victim. Thus, District Attorneys have authority to compromise a criminal case in the absence of the victim's consent. However, in some cases, such as DUI with personal injury, when the defendant DUI driver is sentenced the victim will, in most cases, be permitted to make a Victim Impact Witness Statement at the time of sentencing. A VIWS...

    1 lawyer agreed with this answer

  2. How do i go about information on land lord selling the house without notifing the renter

    Answered over 2 years ago.

    1. Timothy Bryan Liebaert
    2. Frank Wei-Hong Chen
    2 lawyer answers

    You can go to the County Recorder's office for the County where you live and search for records pertaining to the subject property. If you know a real estate broker, that person can search public records without going to the Recorder's office (it can be a bit less reliable, however.) Often times attorneys have access to this information through a "title plant," which is a service they pay for to obtain this public information. Here is a secret: if you call a title company that is in your...

    1 lawyer agreed with this answer

  3. How can I get a cease and desist order on a handyman who is almost a squatter on the property behind my home?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    1 lawyer answer

    The City will not do anything unless it causes a public nuisance. You may be there already. First, notify the local police. They should be interested in this kind of activity. However, the quickest and cleanest way to do this would be to file a lawsuit for injunctive relief. You would want to get a court order that orders this person(s) not engage in a whole variety of conduct. The lawsuit would be quick and not expensive.

    2 people marked this answer as helpful

  4. Adding a new company to your S-Corp

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Dana Howard Shultz
    3. Timothy Bryan Liebaert
    3 lawyer answers

    Its quite simple. First, simply buy the dba appropriately. After the corporation has acquired the dba, you will need to either transfer or re-register the dba. The dba's full legal name will be, ABC Corporation, dba XYZ. The hardest part is purchasing the dba correctly. The purchase can range from simple to difficult.

    1 person marked this answer as helpful

  5. I have a commissioner in my case and I would like to request a judge, what forms do I need to request this change?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    2. Rebekah Ryan Main
    2 lawyer answers

    That is because the form is probably a "local form." For Los Angeles Courts, see http://www.lasuperiorcourt.org/Forms/pdf/LACIV015.pdf It is called an affidavit of prejudice. However, use it with caution because if you lose, which is more likely, you may anger the Commissioner. If you have already appeared, it may be that you "waived" the fact that you have a Comm. on your case. If you appear at court and they ask you to "waive" the right to a judge (or Stipulate to Commissioner) don'...

    1 person marked this answer as helpful

  6. Can one sue the city in CA if the city lose a hearing that they petitioned for?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    2. Pamela Koslyn
    3. Rebekah Ryan Main
    3 lawyer answers

    Generally the answer is no. If you have a right to attorneys fees, that right is enforced by making a motion after the rendition of a judgment. There are strict time frames on making this motion. If you have a claim to fees (which is an entirely separate issue--and sometimes difficult) the motion must be made timely.

    1 person marked this answer as helpful

  7. What does it mean under C.C.P. §533 and C.C.P. §3420(a)?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    2. Peter Robert Stone
    2 lawyer answers

    Code of Civ. Proc. 533 simply empowers a judge to modify or dissolve an injunction or Temporary Restraining Order (TRO) upon a showing of changed circumstances. That you believe someone committed perjury is not the type of thing the court would rely upon. For something like that, you would file a Motion for Reconsideration. However, a Motion for Reconsideration must be filed within 15 days of the rendition of the order/ judgment. You are probably beyond that, I am guessing. If it was...

    1 person marked this answer as helpful

  8. I have several business names within San Diego, ca. These businesses names are being used by several companies.

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    2. Pamela Koslyn
    3. David Weil
    4. Brad S Hindley
    4 lawyer answers

    I would say yes. If your business has a trademark it would be more sure. However, if your business has acquired a secondary meaning (such as In and Out colors and design) it would be even more sure. This is a very fact specific question. More information about the particulars would be required to provide a more solid answer. However, on balance, again I would say yes.

    1 person marked this answer as helpful

  9. Is there a law in California which states you are not guaranteed a "view" when you purchase view lot property?

    Answered over 4 years ago.

    1. Timothy Bryan Liebaert
    2. Stanley Duane Lockhart
    2 lawyer answers

    I have never heard of such a law. If it exists. The better question is whether you have an expectation of a view that can be enforced against the HOA; and whether you can obtain an Injunction against the other home owner prohibiting the elimination of your view. There are many legal theories you could use to achieve your goal. Of course if you wait until something is built, it will be too late and most if not all courts would say you waited until it was built and may refuse to issue...

    1 person marked this answer as helpful

  10. If I am convicted of petty theft being that this is my first and only offense what would my punishment be ?

    Answered over 4 years ago.

    1. Joseph Briscoe Dane
    2. Timothy Bryan Liebaert
    2 lawyer answers

    A misdemeanor is defined as a crime for which you can be punished in County Jail for up to a year. Having said that, it is very unlikely that you would do any jail time for petty theft. However, you could get a misdemeanor criminal record which you harm you in the future. Fortunately for you, California has a legal procedure that can almost (I said almost) guarantee that the charges are dismissed. Its called a Civil Compromise. If you enter into a settlement agreement with the victim, you can...

    1 person marked this answer as helpful